`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`MAPLEBEAR INC. DBA INSTACART,
` Case Action No. 2:20-cv-240
`Plaintiff,
`
`
`v.
`CORNERSHOP TECHNOLOGIES, INC.;
`CORNERSHOP TECHNOLOGIES LLC;
`DELIVERY TECHNOLOGIES US, INC.;
`DOES 1-10,
`
`Defendants.
`
`COMPLAINT FOR INJUNCTIVE RELIEF AND MONEY DAMAGES
`
`
`
`
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`Case 2:20-cv-00240-JRG Document 1 Filed 07/16/20 Page 2 of 57 PageID #: 2
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`Plaintiff Maplebear Inc. dba Instacart (“Instacart”), for its Complaint against Defendants
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`Cornershop Technologies, Inc., Cornershop Technologies LLC, Delivery Technologies US, Inc.,
`
`and Does 1-10 (collectively, “Cornershop” or the “Cornershop Defendants”), based upon actual
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`knowledge with respect to itself and its own acts and upon information and belief as to other
`
`persons and matters, hereby alleges as follows:
`
`NATURE OF THE ACTION
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`1.
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`Instacart brings this suit to stop the brazen and illegal accessing of its computer
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`systems and the theft and misuse of its intellectual property by Defendant Cornershop.
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`Cornershop launched in Chile in 2015 with a specific goal: to be an “Instacart for Latin
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`America.”1
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`2.
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`In May 2020, Cornershop launched operations in two U.S. States (Texas and
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`Florida), with plans to expand rapidly nationwide. But instead of competing fairly, Cornershop
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`has illegally accessed and scraped Instacart’s Platform,2 copying and using without authorization
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`thousands of copyrighted and licensed images, along with product descriptions, pricing data, and
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`other information taken from Instacart—all while falsely representing to its customers and the
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`world that these materials are licensed or owned by Cornershop.
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`3.
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`Cornershop has carried out its illegal enterprise with striking audacity. It has
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`advertised for engineering positions in Texas with job duties including “scrap[ing] . . . catalogs”
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`1 See “Jackson Square Ventures just closed its third fund with $193 million; here’s how it plans
`to invest it” (October 14, 2019), available at https://techcrunch.com/2019/10/14/jackson-square-
`ventures-just-closed-its-third-fund-with-193-million-heres-how-it-plans-to-invest-it.
`2 As used herein, the Instacart “Platform” refers to Instacart’s proprietary platform, whether
`accessed by a web-based browser or phone-based application (“app”), that processes customer
`orders placed on virtual retailer storefronts, as well as the app through which the independent
`service providers with whom Instacart contracts (“shoppers”) using the Instacart Platform
`receive those orders.
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`and required skills including “[a]dvanced scraping” and the “[a]bility to generate good scrapers.”
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`Ex. A.
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`4.
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` It has copied thousands of copyrighted and proprietary images and used them
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`without attribution or permission, after changing the file names to disguise their source.
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`5.
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`By stealing and misusing Instacart’s data, Cornershop has evaded the substantial
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`investments required of legitimate competitors in this industry. Instacart has invested millions of
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`dollars to develop and maintain online “virtual storefronts” that feature its retailer partners’
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`catalogs in an intuitive and pleasing interface.
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`6.
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`Instacart’s efforts have included, among other things, creating thousands of
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`aesthetically pleasing original product images to best connect consumers with the groceries and
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`household essentials that they want and need.
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`7.
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`But Cornershop has simply copied thousands of these images—ignoring
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`Instacart’s copyrights and express prohibitions against doing so—and reposted them on
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`Cornershop’s platform to unfairly compete against Instacart.
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`8.
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`To conceal its wrongdoing, Cornershop has changed the file names on the images
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`it has stolen from Instacart, as the chart of examples below reflects:
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`Instacart File Name/URL
`https://d2lnr5mha7bycj.cloudfront.net/product-
`image/file/large_e9973fc9-1367-4c48-b1d4-
`c476738db10d.jpg
`https://d2lnr5mha7bycj.cloudfront.net/product-
`image/file/large_143822fc-36c4-48f1-95ee-
`beec70fb02eb.jpg
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`Cornershop Product Page URL
`https://s.cornershopapp.com/product-
`images/1818983.jpg
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`https://s.cornershopapp.com/product-
`images/1795933.jpg
`
`
`https://d2lnr5mha7bycj.cloudfront.net/product-
`image/file/large_b943aa30-916a-4f6f-ad74-
`1469b2188117.jpg
`
`https://s.cornershopapp.com/product-
`images/1769133.jpg
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`Product
`Name
`Everyday
`Sliced
`Mushrooms
`Country
`Pride
`Chicken Leg
`Quarters
`Daily Bread
`Marketplace
`Hummus
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`9.
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`However, the product images Cornershop has stolen from Instacart are identical to
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`Instacart’s copyrighted images, as the below examples reflect:
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`Instacart Image
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`Cornershop Image
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`10.
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`Cornershop is well aware of the unfair advantage it has gained by stealing a
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`business instead of building one. As its Chief Technology Officer Daniel Undurraga explained in
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`2016, Cornershop was “profitable almost from day one” because it “did not have a lot of R&D
`
`expense.”3 Unless enjoined, Cornershop will continue to subject Instacart to irreparable harm and
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`distort the economics of the online grocery industry.
`
`11.
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`Cornershop’s activities described herein violate the Computer Fraud and Abuse
`
`Act (“CFAA”), the federal Copyright Act, the Digital Millennium Copyright Act (“DMCA”), the
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`Texas Harmful Access by a Computer Act (“THACA”), and Texas law protecting fair
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`competition, and breach Instacart’s Terms of Service (“TOS”).
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`12.
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`Through this action, Instacart seeks preliminary and permanent injunctive relief to
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`halt Cornershop’s intentional and ongoing legal violations, as well as monetary damages to
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`compensate Instacart for the injuries Cornershop has caused that are compensable by damages,
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`and other appropriate relief set forth herein.
`
`THE PARTIES
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`13.
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`Plaintiff Instacart is a Delaware corporation with its principal place of business
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`located at 50 Beale St., Suite #600, in San Francisco, California. Instacart, a technology company
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`that provides an online Platform to facilitate grocery shopping and delivery services, maintains
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`substantial ongoing business operations throughout the United States, including in more than five
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`hundred communities in Texas. Within the Eastern District of Texas, Instacart offers its service
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`in the communities of Plano, Frisco, Allen, Carrollton, and The Colony, among others.
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`
`
`3 “Cornershop aims for slice of grocery shopping in Chile and Mexico” (June 1, 2016), available
`at https://www.idgconnect.com/idgconnect/interviews/1001219/cornershop-aims-slice-grocery-
`shopping-chile-mexico.
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`14.
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`Defendant Cornershop Technologies, Inc. is a Delaware corporation that claims
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`ownership of the copyright in the Cornershop iOS app. Cornershop’s business is similar to
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`Instacart’s grocery delivery platform: customers place orders for groceries on the app and
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`shoppers using the Cornershop platform purchase them at local stores for home delivery. Oskar
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`Hjertonsson is Cornershop Technologies, Inc.’s sole officer and director. On information and
`
`belief, Cornershop Technologies, Inc. is a corporate affiliate, parent, or subsidiary of the other
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`Cornershop Defendants.
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`15.
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`Defendant Cornershop Technologies LLC is a Delaware limited liability
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`company. Cornershop Technologies LLC claims ownership to the copyright in the Android
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`version of the Cornershop app. On information and belief, Cornershop Technologies LLC is a
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`corporate affiliate, parent, or subsidiary of the other Cornershop Defendants.
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`16.
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`Defendant Delivery Technologies US, Inc. is a Delaware corporation registered to
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`conduct business in California, Florida, and Texas. Oskar Hjertonsson is Delivery Technologies
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`US, Inc.’s sole officer and director. On information and belief, Delivery Technologies US, Inc. is
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`a corporate affiliate, parent or subsidiary of the other Cornershop Defendants and is
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`Cornershop’s operational entity in the United States.
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`17.
`
`On information and belief, each of the named Defendants are acting in agreement,
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`coordination, and on behalf of each other named Defendant. Each named Defendant has acted
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`with the intent of accomplishing the unlawful actions described herein for the benefit of each
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`other named Defendant.
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`18.
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`The identities of Defendants Does 1 through 10 are currently unknown to
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`Instacart. On information and belief, these Doe defendants are scraping Instacart’s Platform at
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`Cornershop’s direction and under Cornershop’s control. Instacart will amend its Complaint to
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`name each Doe defendant when it learns each Doe defendant’s true identity.
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`JURISDICTION AND VENUE
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`19.
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`This Court has federal subject matter jurisdiction over Instacart’s claims under the
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`Copyright Act, DMCA, and CFAA pursuant to 28 U.S.C. § 1331 because those claims arise
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`under federal law. The Court also has original jurisdiction over Instacart’s copyright claims
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`under 28 U.S.C. § 1338(a).
`
`20.
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`The Court has supplemental subject matter jurisdiction over Instacart’s state law
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`claims pursuant to 28 U.S.C. § 1367(a) because the state law claims are so related to the federal
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`claims that they form a part of the same case or controversy and derive from a common nucleus
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`of operative facts.
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`21.
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`This Court has specific personal jurisdiction over each Defendant because each of
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`Instacart’s claims arises out of each Defendant’s substantial, intentional contacts with Texas.
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`22.
`
`Cornershop is copying and misappropriating Instacart’s images to support its
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`operation of a highly interactive computer service that allows Texas residents to purchase
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`products from Texas stores for immediate home delivery. Cornershop displays the images it
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`scraped from Instacart to Texas users who access Cornershop’s application from their Texas
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`homes.
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`23.
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`Shoppers using the Cornershop platform in Texas purchase goods at Texas stores
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`for home delivery.
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`24.
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`Cornershop has advertised for several positions based in Dallas and Austin,
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`Texas, including engineering and business development roles. Specifically, Cornershop has
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`posted openings for multiple Backend Integrations Engineer positions in Dallas and Austin that
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`describe job duties including “[s]crap[ing] and maintain[ing] catalogs using multiple frameworks
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`(scrapy, beautifulsoup, selenium, etc[.]” See Ex. A. Required skills include “[a]dvanced
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`scraping” and the “[a]bility to generate good scrapers.” Id.
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`25.
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`Instacart uses Amazon Web Services (“AWS”), AWS S3 file storage services,
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`and a database vendor called Snowflake to store and compute the data that powers its Platform.
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`SnowFlake provides a cloud-based metadata “warehouse” for Instacart’s product images, which
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`runs on AWS. Instacart’s images themselves are stored in Instacart’s AWS S3 file storage
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`account.
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`26.
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`AWS provides a network of physical computer servers located across the country
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`that store and compute data for internet companies.
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`27.
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`Instacart uses AWS’s CloudFront service as a content delivery network (“CDN”).
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`A CDN is a distributed network of physical servers that facilitates streamlined delivery of
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`content, and as relevant here, images of products, to individual users. CloudFront works by
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`storing a cached copy of Instacart’s customer-facing content in local servers that are situated
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`closer to end-users. These local servers are known as “EDGE servers.” In Texas, AWS operates
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`EDGE servers in six locations around the Dallas/Fort Worth metropolitan area.
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`28. When a user in Texas accesses the Instacart Platform, CloudFront transmits a
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`cached version of the Platform to the user. In normal circumstances, a Texas user receives the
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`cached version of the Platform from one of the Dallas/Fort Worth EDGE servers.
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`29.
`
`On information and belief, Cornershop is scraping Instacart’s website at least in
`
`part from computers located in Texas. On information and belief, Cornershop’s Texas scrapers
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`illegally accessed the cached version on Instacart’s website stored on EDGE servers located in
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`the Dallas/Fort Worth metropolitan area.
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`30.
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`Venue is proper in the Eastern District of Texas pursuant to 28 U.S.C.
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`§ 1391(b)(2) because, as described herein, a substantial part of the events or omissions giving
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`rise to Instacart’s claims occurred in this District.
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`31.
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`Specifically, shoppers using the Cornershop platform have offered delivery
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`services in portions of Denton and Collins counties, which are located within the Eastern District
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`of Texas.
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`32. Without limitation, and by way of example, in the past month, a Cornershop user
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`placed an order using the Cornershop application from an address in Plano, Texas, located within
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`Collin County, Texas, within the Eastern District of Texas. A Cornershop shopper delivered the
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`order to the same Plano, Texas address located within Collin County in the Eastern District of
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`Texas.
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`33.
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`Cornershop has displayed misappropriated images to residents of this District,
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`such that infringing use has occurred in this District. Instacart has sustained damages in this
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`District as a result of Cornershop’s tortious activity directed towards and conducted within this
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`District. Moreover, Cornershop has competed unfairly against Instacart within this District.
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`GENERAL ALLEGATIONS
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`I.
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`INSTACART
`
`34.
`
`Founded in 2012 by Apoorva Mehta, Max Mullen, and Brandon Leonardo,
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`Instacart is a San Francisco-based technology company that provides a Platform through which
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`customers can purchase groceries and consumer packaged goods (“CPG”) from retailer partners
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`and arrange for those goods to be delivered on an expedited basis by shoppers or made available
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`for pickup from specified brick and mortar stores.
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`35.
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`In the United States, Instacart’s service is available in all 50 States and the
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`District of Columbia. In Texas specifically, Instacart serves more than five hundred
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`communities.
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`36.
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`For customers, the Instacart Platform offers on-demand shopping from numerous
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`retailers through a single smartphone app or website, allowing them to combine goods from
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`multiple stores into a single order, and facilitates delivery of the goods directly to their doorstep.
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`37.
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`For shoppers, Instacart provides an automated matching function using
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`proprietary technology. The Instacart Platform offers the orders placed by customers to
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`independent service providers with whom Instacart contracts. These providers, who use
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`Instacart’s Platform to indicate their availability to receive and accept orders at their discretion,
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`enter into written agreements to perform services as independent contractors.
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`38.
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`For retailers, Instacart provides a virtual marketplace through which goods can be
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`sold and delivered. Instacart’s Platform provides a sophisticated catalog and data ingestion
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`system that allows retailers to present a different set of products on a store-by-store basis.
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`Retailers decide which items are offered for sale through the Instacart Platform and generally set
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`the prices at which those items are offered.
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`39.
`
`The company’s business is designed to serve—and draw revenue from—the e-
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`commerce transactions performed through its Platform. Further, Instacart collects service fees for
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`providing retailers a virtual marketplace through which goods can be sold and delivered.
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`40.
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`Like most other e-commerce technology platforms, Instacart also generates
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`revenue through advertising, as retailers, CPG brands, and other businesses use its Platform to
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`advertise and promote their stores, brands, or products.
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`41.
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`Instacart is not a retailer and does not own or resell any goods. The company does
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`not perform the actual transportation and delivery of the goods purchased through its Platform to
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`consumers; instead, it has contracted with independent service providers who are able to access
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`the Platform to provide delivery services.
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`42.
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`Instacart began as and remains a technology company, devoting most of its
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`business to developing and maintaining the complex technology and related infrastructure
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`necessary to operate its Platform.
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`43.
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`Instacart’s catalog is the largest online grocery inventory in the world, with over
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`half a billion item listings from over 400 different retailers from over 30,000 stores across North
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`America. It is made up of over 70 data sources, including third-party content aggregators,
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`manufacturers, and proprietary copyrighted images taken as part of Instacart’s Mobile Photo
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`Studio (“MoPho Studio”).4
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`44.
`
`Instacart has invested significant time and resources into making the catalog a
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`highly reactive system, allowing for changes to inventory, price, and other product attributes
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`minute by minute. In addition to processing this data in real time from retailers, Instacart
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`processes data from feedback from customers and shoppers using its Platform and other sources
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`to ensure that the catalog is updated with pinpoint accuracy.5
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`
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`4 See “The story behind an Instacart order, Part 1: building a digital catalog” (May 8, 2019),
`available at https://tech.instacart.com/the-story-behind-an-instacart-order-part-1-building
`-a-digital-catalog-46df5a8ff705.
`5 Id.
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`45.
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`Instacart’s catalog is the backbone of its service; it is the first thing a customer
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`sees and the basis for all of Instacart’s business. Instacart has made a massive investment of time,
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`effort, and resources to develop its format and functionality.
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`46.
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`It also has spent considerable time, effort, and resources curating its photographs
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`to make them pleasing to the eye. The high quality of Instacart’s product photography
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`differentiates it from its competitors.
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`47.
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`The strength and quality of Instacart’s catalog is a significant competitive
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`advantage that has taken years of investment, creativity, technological innovation, and plain hard
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`work to develop and perfect.
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`48.
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`Based upon an analysis of salary and other expenses, Instacart estimates that,
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`since 2015, it has spent at least $17 million to create and maintain its catalog. But these are just
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`the direct costs to Instacart, and do not include costs to implement and integrate the catalog as a
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`seamless experience across its Platform.
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`49.
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`The value of Instacart’s exclusive catalog to its marketing share and profits, and
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`its relationships and goodwill with retailers, customers, and vendors, is substantially greater, and
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`is difficult, if not impossible, to quantify.
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`II.
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`INSTACART’S CREATION OF COPYRIGHTED IMAGES THROUGH MOBILE
`PHOTO STUDIO
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`50.
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`In the early days of Platform, one of the major pain points for Instacart was that
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`there were items in a retailers’ catalog for which the retailer had no corresponding imagery—this
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`was particularly the case for produce, meats and other perishable items, which are often seasonal
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`or uncommon. This issue was more pronounced for smaller retailers or retailers without
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`sophisticated e-commerce functions.
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`51.
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`For example, a customer seeking to purchase an uncommon product, such as
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`durian fruit, would see the description for an item, but no image. Instead, the customer would see
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`an empty space or grey box rather than the appropriate photo of the item.
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`52.
`
`This led to a poor experience for customers, retailers, shoppers and advertisers:
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`customers would not purchase items they could not see images of, advertisers would not pay for
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`advertising displayed next to a missing image, and retailers did not like the unprofessional look
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`of their digital aisles.
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`53.
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`To solve this, Instacart decided to invest heavily in, and continues to invest
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`heavily in, robust catalog efforts to fill in gaps in a retailer’s imagery or catalog with its own
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`imagery and standard product descriptions.
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`54.
`
`The proprietary, copyrighted images of groceries and other products that Instacart
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`creates via the MoPho Studio are a key part of that effort. Instacart’s MoPho Studio was started
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`in August 2015. Since then, Instacart has expanded the use of its MoPho Studio images to virtual
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`storefronts for 412 retailers, including retailers who operate in Texas and elsewhere.
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`55.
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`The MoPho Studio is integral to Instacart’s efforts to create an overall business
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`aesthetic that is clean, simple, modern, crisp, bright, direct, consistent, and visually enticing.
`
`56. MoPho Studio images help Instacart to offer customers a magical shopping
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`experience via storefronts that reflect the highest aesthetic standards. By advertising products
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`using these high-quality images, Instacart aims to create an experience that is at least as good as,
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`if not better than, in-person shopping.
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`57. MoPho Studio images are also crucial to Instacart’s partnerships with retailers.
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`These high-quality images are designed to inspire new purchases and to encourage return visits
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`to retailer virtual storefronts. Furthermore, Instacart’s proprietary images provide an essential
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`business advantage to retailers and small or local CPG producers that lack a complete product
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`catalog of their own, allowing those retailers to showcase and market new products without
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`going through the costly process of creating product images themselves.
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`58.
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`Both shoppers and retailers can participate in the MoPho Studio as photographers,
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`and must photograph specified products in a manner consistent with Instacart’s guidelines and
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`best practices. See Ex. B.
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`59. MoPho Studio photographers must also use their independent judgment to apply
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`Instacart’s aesthetic guidelines to each image to ensure that it contributes to the optimal shopping
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`experience. Indeed, the requirements for successful MoPho Studio photographers include the
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`ability to work independently and exercise independent creative judgment.
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`60.
`
`The first step in creating a MoPho Studio image is obtaining a “lightbox.” A
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`lightbox is a boxlike structure used to help eliminate shadows on light-colored surfaces, and to
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`help produce even, consistent, bright lighting from all angles. Proper lighting is crucial to allow
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`MoPho Studio photographers to take what Instacart calls “glamour” or “hero” shots of products
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`— that is, images that are vibrant, attractive, and enticing, as opposed to images that are boring,
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`muddled, or flat.
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`61.
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`The next step in creating a MoPho Studio image is product framing and
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`placement, including adjustments to the subject matter to render it more aesthetically pleasing.
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`Because of the diversity of product shapes and packaging, this step entails a considerable amount
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`of personal aesthetic judgment, both on Instacart’s part and on the part of the individual
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`photographer.
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`62.
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`Instacart encourages MoPho Studio photographers to review and refine their work
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`before submitting it electronically to Instacart. In particular, Instacart suggests that
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`photographers take multiple photographs of a product from various angles, to ensure that
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`Instacart can select the best version.
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`63.
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`The MoPho Studio photographer then selects the highest quality images taken in a
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`session, and uploads those photos for Instacart’s further review and retouching. Instacart
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`accomplishes its second-level review and retouching through a vendor with technical expertise in
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`the area.
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`64.
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`Instacart has provided this vendor with detailed instructions regarding its desired
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`aesthetic and the means of selecting and creating images consistent with it. See Ex. C. Although
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`the vendor is expected to comply with Instacart’s creative direction, each image requires
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`independent aesthetic judgment to retouch it in a manner that creates images that are enticing to
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`customers.
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`65.
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`During second-level review, Instacart’s vendor discards any images that fail
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`Instacart’s minimum criteria for subject matter, lighting, angle, perspective, framing, focus, or
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`color.
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`66.
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`During the retouching process, Instacart’s vendor also crops, rotates, resizes, and
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`reframes images as necessary to satisfy Instacart’s aesthetic values. As necessary during
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`retouching, Instacart’s vendor may also add color saturation, brightness, and contrast to eliminate
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`background anomalies and bring the image closer to the clean, crisp, bright, modern aesthetic
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`prevailing in the current catalog.
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`67.
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`Instacart’s MoPho Studio produces images that spark customers’ passion and
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`excitement for the foods and products they love, and inspires them to continue returning to
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`retailer storefronts on the Instacart Platform for their shopping needs.
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`Case 2:20-cv-00240-JRG Document 1 Filed 07/16/20 Page 16 of 57 PageID #: 16
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`III.
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`CORNERSHOP
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`68.
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`Cornershop, which was founded in 2015 by Oskar Hjertonsson, Daniel
`
`Undurraga, and Juan Pablo Cuevas, is an online and app-based platform that allows consumers to
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`purchase products from local stores for on-demand and scheduled delivery. In many respects,
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`Cornershop’s operational model closely resembles Instacart’s.
`
`69.
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`Launched in Chile, Cornershop has expanded operations to Peru, Colombia,
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`Brazil, Mexico, and Canada.
`
`70.
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`In the process of seeking and acquiring investments, Cornershop has held itself
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`out to investors as an “Instacart for Latin America.”6 In other words, Cornershop went into
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`business with the intent to copy Instacart’s successful business model.
`
`71.
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`On May 7, 2020, after five years of operating exclusively outside the United
`
`States, Cornershop launched in Miami and Dallas.
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`72.
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`Cornershop advertises that it provides delivery services to the following locales:
`
`a)
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`In Dallas: North Dallas, East Dallas, Highland Park, Greeneville, Knox-
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`Henderson, Uptown, Oak Lawn, Old East Dallas, Downtown, Deep Ellum, Design
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`District, Oak Cliff/West Dallas, South Dallas, Plano, Lewisville, Frisco, Allen,
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`Carrollton, Irving, and The Colony; and
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`b)
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`In Miami: Miami Beach, North Miami, Upper East Side, Little Haiti,
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`Little River, Buena Vista, Design District, Wynwood, Edgewater, Midtown, Downtown,
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`Brickell, Key Biscayne, Little Havana, Liberty City, Riverside, Civic Center, The Roads,
`
`
`
`6 See “Jackson Square Ventures just closed its third fund with $193 million; here’s how it plans
`to invest it” (October 14, 2019), available at https://techcrunch.com/2019/10/14/jackson-square-
`ventures-just-closed-its-third-fund-with-193-million-heres-how-it-plans-to-invest-it.
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`Case 2:20-cv-00240-JRG Document 1 Filed 07/16/20 Page 17 of 57 PageID #: 17
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`Coconut Grove, Coral Way, Coral Gables, South Miami, Miracle Mile, West Flager, and
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`Allapattah.7
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`73.
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`Despite Cornershop’s admitted interest in replicating the Instacart model,
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`Cornershop does not collaborate with retailers in the same way as Instacart.
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`74. Whereas Instacart partners with retailers to provide consumer-facing storefronts,
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`Cornershop states on its website that it does not enter into “long-term contracts” with retailers.8
`
`75.
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`Instead, Cornershop simply asks retailers to register on its website. According to
`
`the website, once a retailer has registered, Cornershop checks whether the store meets its
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`requirements. If it does, Cornershop states on its website that it invites the retailer to launch its
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`store on Cornershop’s platform.9
`
`76.
`
`Although Cornershop is currently only delivering in the United States in the
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`Miami and Dallas metro areas, it is expanding rapidly. Cornershop has already posted job
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`openings for San Francisco, Washington, D.C., New York, and Austin. See Ex. A.
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`77.
`
`On October 11, 2019, Uber announced its plans to buy a majority stake in
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`Cornershop.10 According to media reports, the deal involves a reported $459 million for a 51%
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`stake of Cornershop, putting Cornershop’s overall valuation close to $1 billion dollars.11
`
`
`
`7 See “FAQ Shoppers Growth US,” (last accessed June 24, 2020), available at
`https://cornershopapp.com/en-us/shoppers/candidates/faq.
`8 “Cornershop for stores,” (last accessed June 19, 2020), available at
`https://Cornershopapp.com/en-us/stores.
`9 Id.
`10 See “Uber to Acquire Majority Ownership in Cornershop” (October 11, 2019), available at
`https://investor.uber.com/news-events/news/press-release-details/2019/Uber-to-Acquire-
`Majority-Ownership-in-Cornershop/default.aspx.
`11 See “Uber’s Latin American Antitrust Challenges Regarding its $459 Million Acquisition of
`51% of Cornershop” (March 24, 2020), available at https://medium.com/@evan.epstein/ubers-
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`IV.
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`INSTACART DISCOVERS CORNERSHOP’S SCRAPING AND COPYING OF
`ITS COPYRIGHTED IMAGES AND OTHER PROPRIETARY DATA
`
`78.
`
`On May 7, 2020, the day Cornershop launched in Dallas and Miami, Instacart
`
`discovered that Cornershop had stolen and copied thousands of Instacart’s images, including
`
`copyrighted images created via the MoPho Studio, images Instacart has received a license to use
`
`from its retailer partners, and images which Instacart licenses from other sources.
`
`79.
`
`Not only has Cornershop reproduced Instacart’s copyrighted images, it has also
`
`copied product titles, pricing, and product information, including product availability data.
`
`80.
`
`On information and belief, Cornershop has used and/or procured, and continues to
`
`use and/or procure, Instacart’s copyrighted images, pricing, and product data by engaging in,
`
`directing, controlling, or procuring “scraping,” “crawling,” and/or the use of a “robot” or
`
`“spider.” In brief, all of these terms refer to the use of automated software to extract and store
`
`data from a website for future use by the scraper.
`
`81.
`
`The automated scraping software or system used by Cornershop, and/or its agents,
`
`enables Cornershop and/or its agents to enter into and use, or to cause to be entered into and
`
`used, the Instacart Platform and its content by mimicking an actual customer.
`
`82.
`
`On information and belief, Cornershop’s employees and/or agents created
`
`Instacart user accounts to access Instacart’s full catalog from a “logged in state” before and/or in
`
`the course of running scraping tools.
`
`83.
`
`Upon entering into and using the Instacart Platform, Cornershop and/or its agents
`
`have conducted or caused large-scale searches for retailer products on Instacart’s virtual retailer
`
`
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`latin-american-antitrust-challenges-regarding-its-459m-acquisition-of-51-of-cornershop-
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`storefronts, which Cornershop and/or its agents then copied, or cause to be copied, and uploaded
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`onto Cornershop’s own platform to advertise products and groceries.
`
`
`
`V.
`
`SCRAPING CATALOGS IS A KEY PART OF CORNERSHOP’S BUSINESS
`MODEL
`
`84.
`
`Cornershop cannot dispute that scraping is a part of its business model.
`
`Cornershop has pos